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THE
TRIAL AND EXECUTION,
FOR PETIT TREASON,
OF
MARK AND PHILLIS,
SLAVES OF CAPT. JOHN CODMAN,
WHO MURDERED THEIR MASTER AT CHARLESTOWN, MASS., IN 1755;
FOR WHICH THE MAN WAS HANGED AND GIBBETED,
AND THE WOMAN WAS BURNED TO DEATH.
INCLUDING, ALSO,
SOME ACCOUNT OF OTHER PUNISHMENTS BY BURNING
IN MASSACHUSETTS.
BY
ABNER CHENEY GOODELL, JR.
CAMBRIDGE:
JOHN WILSON AND SON.
_University Press._
1883.
[200 copies printed.]
THE TRIAL AND EXECUTION
OF
MARK AND PHILLIS,
IN 1755.
[The following pages are, with slight changes, a reprint
from the Proceedings of the Massachusetts Historical
Society, of a paper read before that Society, March 8, 1883,
in answer to a question propounded at a previous meeting,
relative to the authenticity of the tradition that a woman
was burned to death in Massachusetts in the year 1755. As
this case is the only known instance of the infliction of
the common-law penalty for petit treason, in New England,
and is not known to have been elsewhere reported, the
printers have, at the author's request, struck off, in
pamphlet form, a limited number of impressions for the use
of persons interested in the history of our criminal
jurisprudence, who may not have convenient access to the
serial from which it is taken, or who may desire to preserve
it separately.]
It is not surprising that the execution of a woman, by burning, so
lately as when Shirley was governor,--a period when the province had
greatly advanced in culture and refinement,--should seem to any one
incredible. Indeed, even so critical and thorough a student of our
provincial history as our late distinguished associate, Dr. Palfrey,
once wrote to me inquiring if the rumor of such a proceeding had any
foundation in fact, and if so, whether the execution took place
according to law, or by the impulse of an infuriated mob. It gave me
great satisfaction to be able to settle his doubts on this subject by
referring him to the records of the Superior Court of Judicature,
where the judgment, from which I shall presently read to you, and a
copy of which I sent to him, appears at length.
The subject is important at this day only as serving to define the
nature of the "cruel and unusual punishments" prohibited by the
thirty-first article of the Declaration of Rights, in our state
Constitution, since this mode of punishment, having continued after
the adoption of the Constitution, cannot have been considered by the
framers of that instrument either as "cruel" or "unusual" in the sense
in which they used these words.
The particulars of the crime for which the malefactors, Mark and
Phillis, were executed are briefly as follows: Captain John Codman, a
thrifty saddler, sea-captain, and merchant, of Charlestown, was the
owner of several slaves whom he employed either as mechanics, common
laborers, or house servants. Three of the most trusted of these, Mark,
Phillis, and Phebe,--particularly Mark,--found the rigid discipline of
their master unendurable, and, after setting fire to his workshop some
six years before, hoping by the destruction of this building to so
embarrass him that he would be obliged to sell them, they, in the year
1755, conspired to gain their end by poisoning him to death.
In this confederacy some five or six negroes belonging to other owners
were more or less directly implicated. Mark, the leader, was able to
read, and signed his examination, hereafter referred to, in a bold,
legible hand. He professed to have read the Bible through, in order to
find if, in any way, his master could be killed without inducing
guilt, and had come to the conclusion that according to Scripture no
sin would be committed if the act could be accomplished without
bloodshed. It seems, moreover, to have been commonly believed by the
negroes that a Mr. Salmon had been poisoned to death by one of his
slaves, without discovery of the crime. So, application was made by
Mark, first to Kerr, the servant of Dr. John Gibbons, and then to
Robin, the servant of Dr. Wm. Clarke, at the North End of Boston, for
poison from their masters' apothecary stores, which was to be
administered by the two women.
Essex, the servant of Thomas Powers, had also furnished Mark with a
quantity of "black lead" for the same purpose. This was,
unquestionably, not the harmless plumbago to which that name is now
usually given, but galena, or _plumbum nigrum_, a native sulphuret of
lead, probably used for a glaze by the potters of Charlestown.
Kerr declined to have any hand in the business; but Robin twice
obtained and delivered to Mark a quantity of arsenic, of which the
women, Phebe and Phillis, made a solution which they kept secreted in
a vial, and from time to time mixed with the water-gruel and sago
which they sometimes gave directly to their victim to eat, and at
other times prepared to be innocently administered to him by one of
his daughters. They also mixed with his food some of the "black lead,"
which Phillis seems to have thought was the efficient poison, though
it appeared from the testimony that he was killed by the arsenic.
The crime was promptly traced home to the conspirators; and on the
second day of July, the day after Captain Codman's death, a coroner's
jury found that he died from poison feloniously procured and
administered by Mark. Ten days later, Quaco,--the nominal husband of
Phebe, and one of the negroes implicated,--who was the servant of Mr.
James Dalton, of Boston, was examined before William Stoddard, a
justice of the peace, and on the same day Robin was arrested and
committed to jail. The examination of Quaco was followed by the
examination of Mark, and of Phillis, later in the month. These last
were taken before the Attorney-General and Mr. Thaddeus Mason.
At the term of the "Superiour Court of Judicature, Court of Assize,
and General Goal Delivery," held at Cambridge on the second Tuesday of
August following, the grand jury found a true bill for petit treason
against Phillis, and against Mark and Robin as accessories before the
fact. As this is the only indictment for this offence known to have
been found in Massachusetts, and was drawn by that eminent lawyer,
Edmund Trowbridge, then Attorney-General, it is worthy of being
preserved in print, in connection with the coroner's verdict and the
examinations of the suspected parties, which are as follows:--
[_Coroner's Inquest._]
[Two-penny
stamp.] MIDDLESEX ss.
An Inquisition Indented, Taken at Charlestown Within the County of
Middlesex Aforesaid the Second day of July in the Twenty ninth year of
the Reign of our Lord George the Second by the Grace of God, of Great
Britain France and Ireland, King Defender of the Faith &c., before
John Remington Gentleman one of the Coroners of our said Lord the
King, Within the County of Middlesex Aforesaid; upon view of the Body
of John Codman of Charlestown Aforesaid Gentleman then and there Being
dead by the oaths of Josiah Whitemore, Samuel Larkin, Samuel Larkin
Junr. Richard Deavens, William Thompson, Nathaniel Brown, Samuel
Kettle, John Larkin, Thomas Larkin, David Cheever, Barnabas Davis,
Edward Goodwin, Benjamin Brazier, Samuel Sprague, Richard Phillips,
Samuel Hendley and Michael Brigden Good and Lawfull men of Charlestown
Aforesaid Within the County Aforesaid; Who being Charg'd and Sworn to
Inquire for our said Lord the King, When, and by What means, and how
the Said John Codman Came to his Death--upon their Oaths do Say that
the said John Codman Came to his death By Poison Procured by his
negro man servant Mark Which he took and Languishd untill the first of
July Current and then died and so the Jurors Aforesaid upon their
oaths do Say, that Aforesaid Mark in manner and Form Aforesaid, the
Aforesaid John Codman then and there feloniously did Poison against
the peace of our Soverign Lord the King his Crown and Dignity--
In Witness, Whereof, as Well I the Coroner Aforesaid, as the Jurors
Aforesaid, to this Inquisition have Interchangeably put our hands and
Seals, the day And year Abovesaid.
JOHN REMINGTON _Coroner_ [Seal.]
RICHD PHILLIPS [Seal.] JOSIAH WHITTEMORE [Seal.]
SAMLL KETTELL [Seal.] SAML HENDLY [Seal.]
JOHN LARKIN [Seal.] MICHLL BRIGDEN [Seal.]
SAMUEL LARKIN JNR. [Seal.] NATHLL BROWN [Seal.]
WILLIAM THOMPSON [Seal.] DAVID CHEEVER [Seal.]
THOMAS LARKIN [Seal.] SAMLL LARKIN [Seal.]
RICHARD DEVENS [Seal.] BENJAMIN BRAZIER [Seal.]
BARNABAS DAVIS [Seal.]
SAMUELL SPRAGUE [Seal.]
EDWD. GOODWIN [Seal.]
[_Examination of Quaco._]
On the 12th July 1755, was Examined Quacoe a Negro man belonging to
Mr James Dalton of Boston Victualler He sd Quacoe says that some
time the last winter one Kerr a Negro man belonging to Doctr.
Jno Gibbons came to the sd Quacoe & told him that Mark belongg.
to Mr Codman had Been wth. him to get some Poyson and the sd. Quaco
says that Ker told him that Mark asked the sd. Kerr whither Phoebe had
been wth. him for said Poyson. The said Quacoe also says that he Spoke
to Phoebe Mr Codman's negro woman whom he called his Wife & told her
not to be Concerned with Mark for that she would be Brought into
Trouble by him, for that Mark had been wth. Kerr Gibbons to get
Poyson, & had askt sd Kerr whither Phoebe had not been wth him for sd
Poyson. The sd Quacoe also says that the above discourse wth Phoebe
was when they were going to Bed the Saturday night after the discourse
had wth. Kerr Gibbons. He also says that he charged her not to be
concerned wth. Mark about Poyson on any accot. whatever.
The above Examination Taken on the 12th. July 1755 at Boston
[Symbol: Per] WM STODDARD _J Pacis_
[_Mittimus against Robin._]
SUFFOLK ss:
To The Keeper of His Majestys Goal in Boston and to the Constables of
Boston Greeting--
[Sidenote: L.S.]
I herewith Comit to you Mr. Constable Pattin the Body of Robin a
Negro man belonging to Dr. William Clarke of the North End of
Boston, who is this day Charged wth being Concerned in the
Poysoning of the late Mr. John Codman of Charles Town Deceased.
Take Care of him and deliver him to The Keeper of His Majestys Goal in
Boston; and you the sd Keeper are hereby Commanded to Receive the
Body of the Said Robin and him Safely Keep untill he shall be
discharged by Due Course of Law,
Given under my hand and Seal at Boston the Twelfth day of July anno
Domini 1755 and in the Twenty ninth Year of the Kings Reign.
WM. STODDARD, _Just: Pacis_.
[_Examination of Phillis._]
MIDDX ss:
The Examination of Phillis a negro Servant of John Codman late of
Charlstown deceased taken by Edmund Trowbridge and Thaddeus Mason
Esqrs at Cambridge in the County of Middlesex the 26th. Day of
July Anno Domini 1755. And ye 2d of Augt. following--
_Questn._ Was Mr. John Codman late of Charlstown de[=c]d, your
Master?
_Answr._ Yes he was.
_Quest._ How long was you his servant?
_Answr._ He my said Master bought me when I was a little girl and I
continued his servant untill his Death.
_Questn._ Do you know of what sickness your said master died?
_Answer._ I suppose he was poisoned.
_Quest._ Do you know he was poisoned?
_Answr._ I do know he was poisoned.
_Quest._ What was he poisoned with?
_Answr._--It was with that black lead.
_Quest._ what black Lead is it you mean?
_Answr._ The Potter's Lead.
_Quest._ How do you know your sd. master was poisoned with that
Lead?
_Answr._ Mark got some of the said Potter's Lead from Essex Powers
and my young mistress Molly found some of the same Lead in the
Porringer that my Master's Sagoe was in, he complain'd it was gritty;
and that made Miss Molly look into the Porringer, and finding the Lead
there, she ask'd me what it was, I told her I did not know.--I
cleaned the Skillet the Sagoe was boiled in and found some of the same
stuff in the bottom of the skillet that was in the bottom of the
Porringer. And presently after Mark was carried to Goal, Tom brought a
Paper of the Potter's Lead out of the Blacksmith's Shop, which he said
he found there; and I saw it and am sure it was the same with that
which Was in the bottom of the Porringer and the Skillet.
_Quest._ Do you know that any other Poison besides the Potter's Lead
was given to your sd master?
_Answr._ Yes.
_Quest._ What was it?
_Answr._ It was Water which was poured out of a Vial.
_Quest._ How do you know that, that Water was Poison?
_Answr._ There was a White Powder in the Vial, which Sunk to the
Bottom of it.--
_Quest._ Do you know who put the Powder into the Vial?
_Answr._ I put the first Powder in.
_Quest._ Where did you get that Powder?
_Answr._ Phebe gave it to me up in the Garret, the Sabbath Day
morning before the last Sacrament before my master dyed, and Phoebe
at the same time told me Mark gave it to her.
_Quest._ What was the Powder in when Phoebe gave it you?
_Answer._ It was in a White Paper, folded up Square, both ends being
turn'd up, & it was tyed with some Twine.
_Quest._ How much Powder was there in the Paper?
_Answr._ There was a good deal of it I believe near an ounce.
_Quest._ Did you put all that Powder into the Vial?
_Answr._ No, I put in but a little of it, only so much as lay on
the Point of a narrow Piece of flat Iron, with which I put it in,
which Iron Mark made & gave it to me to give to Phebe, Mark gave me
the sd Iron the Saturday before the Sabbath aforesd. I ask'd him
what it was for, he would not tell me; he said Robbin gave him one,
and he had lost it; and that he himself went into the shop and made
this. I gave the sd Iron to Phoebe that same afternoon, in the
Kitchen; and the next morning she gave it to me in the Garret, and
Quaco was there with her; she whisper'd to me and told me to take the
Paper of Powder which was in the hollow over the Window, and the flat
Iron which was with it and put some of it into the Vial with the Iron
which I did; and she bid me put some water into it, but I did not; but
she afterwards put some in herself, as she told me, and she put it
into the Closet in the Kitchen in a Corner behind a black Jug; and the
same Vial was kept there untill my master dyed.
_Quest._ Had your Master any of that Water which was put into the said
Vial given to him?
_Answr._ Yes he had.
_Quest._ How was it given to him?
_Answr._ It was poured into his barly Drink and into his Infusion,
and into his Chocalate, and into his Watergruel.
_Quest._ Who poured the Water out of the sd Vial into the
Chocalate?
_Answr._ Phoebe did, and Master afterwards eat it.
_Quest._ Who pour'd it into his barly Drink?
_Answr._ I did it myself; I pour'd a drop out of the Vial into the
barly Drink, & I felt ugly, and pour'd the Water out of the mug again
off from the Barly, and put clean Water into the mug again & cover'd
it over that it might boil quick.
_Quest._ Who pour'd the Water out of the Vial into the Infusion?
_Answr._ Phoebe did.
_Quest._ How do you know it?
_Answr._ I came into the Kitchen and saw her do it.
_Quest._ Did your master drink the Infusion after that water was so
pour'd in?
_Answr._ He drank one Tea Cup full of it.
_Quest._ How do you know that Phoebe poured any of the poisoned
Water out of the Vial into your Master's Chocalate?
_Answr._ She told me she had done it.
_Quest._ When did she tell you so?
_Answr._ That Same Day.
_Quest._ Was it before or after your Master eat that Chocalate that
the poison'd Water was pour'd into, that She told you so?
_Answr._ Before he eat it.
_Quest._ Did you see him eat that Chocalate?
_Answr._ Yes, I did, he eat it in the Kitchen on a little round
Table.
_Quest._ Who put the Second Powder into the Vial?
_Answr._ Phoebe put it in; I left Part of the Powder she gave me
in the Paper, and she afterwards put that into the Vial as she told
me. as I was in the cellar drawing some Cyder, I heard Phoebe tell
Mark that the Powder was all out, and all used up;
_Quest._ When was it that you heard Phoebe tell Mark so?
_Answr._ The Wednesday before my master dyed.
_Quest._ Do you know of any more Powder being got to give to your
master?
_Answer._ Yes, but master never took any of it.
_Quest._ Who got this last Powder?
_Answr._ Mark got it.
_Quest._ What did he do with it?
_Answr._ He gave it to me; in our little House.
_Quest._ What Sort of Powder was it that Mark gave You?
_Answr._ I[t?] was white the same as the first.
_Quest._ What was it in?
_Answr._ In a Peice of Paper; he had more of that Powder than he
gave me, it was in a Paper folded up in a long Square, he tore off
Part of that Paper, and put Some of the Powder into it, and gave it to
me and kept the rest himself. and at the same time that he gave it to
me he told me that Robbin said we were damn'd Fools we had not given
Master that first Powder at two Doses, for it wou'd have killed him,
and no Body would have known who hurt him, for it was enough to kill
the strongest man living; upon which I ask'd Mark how he knew, it
would not have been found out, he said that Mr. Salmon's Negros
poison'd him, and were never found out, but had got good masters, & so
might we.
_Quest._ What did you do with that Powder which Mark gave you?
_Answr._ I put it into the Vial, & set it in the Same Place it was
in before, there was some of the first Powder & Water remaining in the
Vial when I put this last in.
_Quest._ Do you know that any of the Water that was in the Vial after
you put this last Powder in was given to your Master?
_Answr._ No, he never had a drop of it. The next Day after Master
died Mark came into the Closet where I was eating my Dinner and ask'd
me for that Bottle. I ask'd him what he wanted it for, and he would
not tell me, but insisted upon having it, upon which I told him that
it was there behind the Jugg, and he took it and went directly down to
the Shop in the yard, and I never saw it afterwards 'till Justice
Mason shew it to me, on the Fast Day night.
_Quest._ Do you know where Mark got that Powder which he gave to you?
_Answr._ He had it of Robbin, Doctr Clark's Negro; that liv'd
with Mr. Vassall.
_Quest._ How do you know that Mark had that Powder of Robbin?
_Answr._ The Thursday night before my master died Mark told me he
was going over to Boston to Robbin to get some more Powder for he
sd: Phoebe told him yt the other was all out; and Mark went
over to Boston, and return'd again about nine o'Clock; and I ask'd
Mark if he had got it, and he told me no, he had not, but Robbin was
to bring it over the next night; and between 8 & 9 o'Clock that next
night, a negro Fellow came to me in our Yard & ask'd me for Mark, And
I ask'd him his name but he would not tell me, and I said to him,
Countryman, if you'l tell me your name I'll call Mark, for I know
where he is, but he would not, I then askt him if he was not Robbin
Vassall, (for I mistrusted it was he) and upon that he laughed and
said his name was not Robbin Vassall, but he came out of the Country
and wanted to see Mark very much about his Child; and upon my refusing
to tell him where Mark was the negro went away down to the Ferry, and
I followed him at some distance & saw him go into the Ferry Boat, and
the Boat put off, with him in it. That same Fryday, in the afternoon,
Mark told me, if any Negro Fellow shou'd come; & say that he came out
of the Country to call him, I ask'd him what negro it was that he
expected wou'd come; he told me it was Robbin, and that he was to say
that he came out of the Country to speak with Mark about his Child,
and bid me tell no Body about it.
_Quest._ Do you know Robbin Doctr. Clark's negro?
_Answr._ I do, and have known him for many years.
_Quest._ How then happen'd it that you cou'd not certainly tell
whether the negro aforesd. that askt for Mark was Robbin or not?
_Answr._ Because it was dark, So dark I cou'd not see his Face so
as certainly to know him, but I am fully satisfyed it was Robbin.
_Quest._ What Reason have you to be satisfyed it was Robbin?
_Answr._ That same night I told Mark that a negro Fellow had been
there and ask'd for him & wanted him, he ask'd me why I did not call
him, I told him our Folks called me and I could not, Mark told me he
was very Sorry I did not, and asked me if he gave me any Thing, I told
him he did not, he said he was very sorry he did not; then I ask'd him
who it was, and he said it was Robbin, and then he told me that he
thought Robbin & he had been playing blind-mans Buff, for they had
been over the Ferry twice that night and mist one another; and that
Elijh Phipps & Timo Rand told him that a negro Fellow had been over
the Ferry to speak with him about his Child. And then Mark told me he
would the next Night go over to Robbin and get some more of the same
Powder, and would bring it over on the Sabbath Day, & he went to
Boston on the Saturday night, but did not return till Monday morning,
when he brought it and gave it to me in the little House, as I told
you before.
_Quest._ Did you see Robbin at Charlstown in the Time of your master's
sickness or about the Time of his Death?
_Answr._ Yes, I saw him on ye Tuesday the Ship was launched,
when my master catch'd Mark buying Drink at Mrs Shearman's to treat
him with, & drove him away; and I saw him at Charlstown on the
Saturday after my Master was buried; but I did not speak with him at
either of those Times. The Tuesday he was before our Shop Door, in the
Street, with Mark and had a Bag upon his shoulder; and on the Saturday
in the afternoon I saw him going up the Street by our House, while
Phoebe and I were washing in the back yard; I told Phoebe there
was Robbin a going along this minit, and she said is he? and ask'd me
what Cloaths he had on; I told her he had a bluish Coat on lined with
a straw coloured or yellow lining and the Cuffs open & lined with the
said Yellow lining, and that he had a black wigg on; and I told
Phoebe I believed he was gone up to Mark to tell him not to own that
he had given any Thing to him, and Phoebe said she believed so to;
and I went into the street to the Pump with a Pail to get some Water,
designing to see whether he went that Way, and I saw him go right up
the main street, and I could see him as far up as Mr. Eleazer
Phillips's, and I did not see him afterwards. I never see him with a
Wigg on before, but as he went by us he look'd me full in the Face and
I knew it was Robbin. When I told Phoebe that Robbin was going by, I
thought she saw him, but she questioned whether it was he, and I told
her I was sure it was he, for I had known him ever since he was a boy,
and I told her I would lay a mug of Flip that it was he, but she wou'd
not; and then it was that I told her I believed he was gone up to Mark
&c.
_Quest._ Do you know what Powder that was which Mark & Phoebe gave
you, and you put into the Vial?
_Answr._ Mark told me it was Ratsbane, but I told Phoebe I
believed Mark lied & that it was only burnt allom, for I told her,
that upon taking Ratsbane they would directly swell, and Master did
not swell; and she said she believed so to.
_Quest._ How many Times was any of that Water, which was in the Vial
aforesd., put into your master's victuals?
_Answr._ Not above Seven Times.
_Quest._ When was the first Time?
_Answr._ The next Monday morning after Phoebe gave me the first
Powder. then it was put into his Chocalate, by Phoebe. The next was
also put in to his Chocalate by Phoebe on the next Wednesday
morning, and I thinking she put in more than she should, told her her
hand was heavy, and there was no more put in, that, I know of till the
next Fryday, when Phoebe put some into his Chocalate, and my Master
eat the Chocalate all the three times aforesaid in the Kitchen, and I
was there & saw him; The next was on the Saturday following, when I
put Some into his Watergruel, but I felt ugly and threw it away, and
made some fresh, and did not put any into that. The next was on the
afternoon of the same Saturday, I made him some more Watergruel &
pour'd some of the Water out of the Vial into it, and it turned
yellow, and Miss Betty, ask'd me what was the matter with the
Watergruel and I gave her no answer; but that was thrown away, and
more fresh made, and Miss Molly was going to put the same Plumbs in
again, and Phoebe told her not to do it, but she had better put in
some fresh Plumbs, and she did; and no Poison was put into that; It
was by Phoebe's advice that I put it into the first this afternoon.
And he had no more, that I know of 'till the next Monday night, when
Mark put some of the Potter's Lead into Masters Sagoe.
_Quest._ How do you know that Mark put any of the Potter's Lead into
the Sagoe?
_Answer._ When I went out of the Kitchen I left the Sagoe in the
little Iron Skillet on the Fire, and no body was in the Kitchen then,
but when I returned, Mark was Sitting on a Form in the Corner, and I
afterwards found Some of that Lead in the Skillet, and neither
Phoebe nor I had any Such Lead.
_Quest._ Do you know of any other Poison prepar'd for, or given to
your Master?
_Answr._ No, I do not.
_Quest._ Who was it that first contrived the poisoning your Master
Codman?
_Answr._ It was Mark who first contrived it, He told Phoebe and I
that he had read the Bible through, and that it was no Sin to kill him
if they did not lay violent Hands on him So as to shed Blood, by
sticking or stabbing or cutting his Throat.
_Quest._ When was it that Mark first proposed the poisoning his
Master?
_Answr._ Some time last Winter; he proposed it to Phoebe and I,
but we would not agree to it, and told him No Such Thing should be
done in the House; This before my Master brought him home from Boston.
_Quest._ Did he ever afterwards propose the poisoning his sd
Master?
_Answr._ Yes he did, a Week or a Fortnight after my Master brought
him home from Boston, he proposed it to me first, and I would not
agree to it, and then he proposed it to Phoebe.
_Quet._ What Reason did Mark give for poisoning his Master?
_Answ._ He said he was uneasy and wanted to have another Master, and
he was concerned for Phoebe and I too.
_Quest._ Do you know how your Master's Work house that was burnt down
came on Fire?
_Answr._ Yes I do.
_Quest._ How came it on fire?
_Answr._ I set it on fire, but it was thro' Mark's means, he gave
me no rest 'till I did it.
_Quest._ How did you Set your Master's Work House on fire?
_Answr._ I threw a Coal of Fire into some Shavings between the
Blacksmith's Shop & the Work House, and I went away & did not see it
kindle.
_Quest._ Who put the Shavings there?
_Answr._ Mark did.
_Quest._ Was any Body concern'd in the burning the Work house
besides Mark and you?
_Answr._ Yes, Phoebe knew about it as well as I.
_Quest._ Where was Phoebe & Mark when you put the Coal of Fire into
the Shavings?
_Answr._ The were up Garret in bed.
_Quest._ Who first proposed the Setting the Workhouse on fire? and
what reason was given for doing it?
_Answr._ Mark first proposed it, to Phoebe and I; and the Reason
he gave us was that he wanted to get to Boston, and if all was burnt
down, he did not know what Master could do without selling us.
_Quest._ Why did you, when Phoebe pour'd Some of the Water out of
the Vial into the Chocalate tell her, "her hand was heavy?"
_Answr._ I thought she pour'd in too much, more than she should I
felt ugly and I wan't willing she shou'd put in so much and that he
should be kill'd so quick. Mark's orders were to give it in two Doses,
that was the Directions Robbin gave to Mark, as Mark told me, and Mark
Said Robbin told him there was no more taste in it than in Cold Water.
_Quest._ Why did you not tell your Master or some of the Family that
Phoebe had poisoned the Chocalate, and thereby prevent your Master's
eating it?
_Answr._ I do not know why I did not tell.
The mark of X Phillis.
[_Examination of Mark._]
MIDDLESEX ss:
The Examination of Mark a Negro Servant of John Codman late of
Charlstown deceased taken by Edmund Trowbridge & Thaddeus Mason
Esqrs. at Charlstown in the County of Middlesex the ---- Day of
July Anno Dom: 1755.
_Quest._ What is your name?
_Answr._ Mark.
_Quest._ Are you a Servant or Freeman?
_Answr._ A Servant. Mr. John Codman decd: was my master.
_Quest._ How long was you his Servant?
_Answr._ For several Years before & untill his Death.
_Quest._ Do you know what occasion'd your sd. Master's Death?
_Answr._ He was poisoned.
_Q._ What was he poisoned with?
_A._ With Poison that came from the Doctor's.
_Q._ What Doctor?
_Answr._ Doctr. Clark that lives at the North End of Boston.
_Q._ What sort of Poison was that?
_A._ It was a White Powder put up in a Paper.
_Q._ How do you know that that Powder came from Doctr. Clark's?
_A._ Robbin the Negro Fellow that belongs to Doctr. Clark gave it
to me.
_Q._ When & where did Robbin give you that Powder?
_An._ A Week Day night, at his Master's Barn.
_Qu._ Was there any Person present with you when Robbin gave you that
Powder?
_An._ No. The first Time, the negro man his fellow Servant called him
out, it was in the Evening near 9 o'Clock.
_Qu._ How many Times had you such Powder of Robbin?
_An._ Twice only.
_Qu._ When was the last Time you had any such Powder of him?
_An._ The Sabbath Day night before my sd. Master died, in the
Evening after Candle Light.
_Qu._ Where was it you had this last Powder of him, and what was it
in?
_An._ He gave it to me in the same Barn, it was done up in a long
square in two Papers, the outtermost Paper was brown and the inermost
Paper was White, as the other was.
_Qu._ What did Robbin give you these Powders for?
_An._ To kill three Pigs belonging to Quaco as Phoebe told me.
_Qu._ How long ago was it Since Robbin gave you the first of these
Powders?
_An._ I can't certainly tell.
_Qu._ Was it before Robbin & you were together at John Harris ye
Potters Work house?
_Ansr._ I think it was before.
_Qu._ How long before was it?
_Ansr._ About a Week before.
_Qu._ Did you pay Robbin any Thing for these Powders?
_An._ No. I did not.
_Q._ What did you do with them?
_Ans._ Phoebe had the first; and she sent Phillis for the second and
I gave it to her.
_Qu._ When & where did you give Phoebe the first Paper of that
Powder?
_An._ In our Garret; the same night I brought it over.
_Qu._ Was any Body there when you gave it to her?
_An._ No.
_Qu._ What did she do with it?
_An._ She took it & put it upon the Table.
_Qu._ Did you give her the whole of the Powder you had of Robbin the
first Time?
_An._ Yes. I gave her the Paper with all the Powder in it, as I
received it of Robbin.
_Qu._ Did you tell her what was in the Paper?
_An._ No. She knew what was in it; for she told me what to get.
_Qu._ What did she tell you to get?
_An._ Something to kill three Pigs.
_Qu._ Did Robbin give you any Directions how to use that Powder, and
tell you what Effect it would have?
_Ans._ He told me to put it into about 2 Quarts of Swill or Indian
meal, and it would make 'em swell up.
_Qu._ Did you tell her how she must use the Powder? or what Effect it
would have?
_Answr._ yes I told her as Robbin told me.
_Qu._ Do you know whether she used that Powder or any Part of it?
_Answr._ no otherwise than as Phoebe & Phillis told me Since my
master's Death.
_Qu._ Who did you give the Second Paper of Powder to?
_An._ To Phillis.
_Qu._ When & where did you give that Paper of Powder to Phillis?
_Ans._ In the little House; She came to empty a Pot over the Wharffe,
and I gave it to her, The Monday before my sd. Master died, after
Breakfast in the Forenoon.
_Qu:_ Did you then give her all the Powder you recd. of Robbin the
Second Time?
_Ans._ Yes. I took off the brown Paper and gave it to her in the white
Paper, that it was in, when Robbin gave it to me.
_Qu._ What did she do with it?
_Answr._ She caried it into the House to Phoebe as Phillis told
me, She came to me & told me Phoebe sent her for that Thing that She
sent me for, and thereupon I gave Phillis the Paper.
_Qu:_ How was your Master poisoned with these Powders?
_Answr._ Phoebe & Phillis told me that they used them for that
End.
_Qu:_ When did they tell you this?
_Answr._ The next Day after my master died.
_Q:_ Were they together when they told you So?
_Answr._ No, Phillis told me of it first, and said that Phoebe
used all that I brought first, that Way; and that the last was used so
too by her and Phoebe; and then I went to Phoebe and ask'd her
about it, and She denyed it at first but when I told her that Phillis
had told me all about it, then she owned it.
_Quest._ Had you no Reason before your sd. master dyed to think
that the Powders you had of Robbin were given to your master or that
he was poison'd therewith?
_Answr._ No other Reason than hearing Phoebe the Saturday night
before master died ask Phillis, if she had given him enough, to which
she replyed, yes. I have given him enough, and will stick as close to
him as his shirt to his back; but who she meant I did not then know,
nor untill after master died.
_Quest._ Was there no Discourse had between you Phoebe & Phillis
about getting more Poison, after you had the first, of Robbin?
_Answ._ The Fryday before my master died Phoebe told me that she had
lost that stuff that I had brought to her from Robbin, and desired me
to get her some more. I told her I wou'd when I went over to Boston;
this was in the Forenoon, when she was washing in the back yard.
_Quest._ Did you get her any more of Robbin?
_Ansr._ Yes, and that was it which I gave to Phillis
_Quest._ When did you go over to get the last Poison?
_Ans._ on the Saturday night before my master died; I went over after
Sunset; I went directly to Robbin; & told him I wanted some of the
same I had of him before for that was lost, Robbin was then at the
Corner of his master's House out in the street, he told me he could
not get any then, but if I wou'd come on the Sabbath Day night he
would let me have some, and I went to him on the Sabbath Day night
after Candle Light, and he then gave it to me.
_Quest._ Was there any Body with you on the Saturday night when you
ask'd for the Poison, or do you know whether any Person saw you &
Robbin together that Evening?
_Answr._ No, nobody was there, and I dont know that any Body saw us
together that Evening.
_Quest._ How long was you with Robbin at Mr. Harris's Work house?
_Answr._ I made no tarry there, but left him at the Pot house, and
he and the young man that was with him followed me and overtook me a
little below Mr. Waite's Slaughter house; And they went with me
into the Lane leading from the market Place to the long Wharffe near
Mrs. Shearman's, while I went into Mrs. Shearmans and got a mug
of Toddy, in the mug I brought from Mr. Harris's Work house, and I
carried it to them and they both drank with me.
_Quest._ Had you any Discourse with Robbin in private or between you
and him alone that Day?
_Ansr._ No, none at all.
_Quest._ Where did you drink the Toddy?
_Answr._ In the Lane aforesd.
_Quest._ Where did you all go after you drank the Toddy?
_Answr._ We all came away together & went thro' Mr. Sprague's
Yard & so thro' Mrs. Silence Harris's yard & Entry into the street.
and they went directly down to the Ferry and I went into my master's
Yard with the Pots I brought from the Potters Work house.
_Quest._ Did you then go with them to the Ferry or nearer to it than
your master's House?
_Answr._ No, I did not.
_Quest._ Did Robbin give you, or did you give Robbin any Thing between
the Time of your coming out of Mr. Harris's Entry and his going
over the Ferry?
_Answr._ No, I did not give him any Thing neither did he give me
any Thing.
_Quest._ After you had parted with him when you came thro' the Entry,
did you call him back?
_Answr._ No, I did not.
_Quest._ Did your master that Day forbid Mrs Shearman's letting you
have any more Drink?
_Answr._ Yes, my master told her not to sell any Drink to any of
his Servants.
_Quest._ Did Robbin know of it?
_Answr._ Not that I know of; he see master go into Mrs.
Shearman's Shop, and pass'd by Robbin in the Lane as Robbin told me.
_Quest._ Did you ever apply to any body else, besides Robbin for
Poison?
_Answr._ No, only to Carr, Doctr. Gibbon's negro man, and then
Phoebe sent me for it. She had been with Carr before on the same
account, & he told her he cou'd not get her any then, as she told me;
_Quest._ Did you get any Poison of Carr?
_Ansr._ No, he told me he wou'd not let me have any, untill he had
seen Quaco, and did not know whether he shou'd then or not, and I
never went to him afterwards.
_Quest._ Did you never ask Doctr. Rand's Cato for any Poison?
_Answr._ No, I do not know that I ever did, in the World.
_Quest._ Had you and Phoebe any Conversation together about your
master in or near your Blacksmith's Shop or in the yard the Monday
before your master died?
_Answr._ I had not, that I know of.
_Quest._ Did you that Day before Tom or any other of your master's
Servants say that you knew that your master would dye or utter any
Words to that effect?
_Answr._ No, I did not. The Day before master dyed, Phoebe came
into the Shop to dress Tom's Eye & got to dancing & mocking master &
shaking herself & acting as master did in the Bed; And Tom said he did
not care, he hop'd he wou'd never get up again for his Eye's sake, and
Scipio was there at the same time and saw her.
_Quest._ Did you ever Say that your master had been offer'd L400 for
you but wou'd not take it, and now he shou'd not have a farthing or
Words to that effect?
_Answr._ No I never said any such Thing. MARK.[1]
[Footnote 1: Mark signed his deposition here, and the entry,
"continued," was made at the end of the sheet; the next sheet
beginning, "Mark's Examination, continued."]
_Quest._ Did you ever tell Phoebe or Phillis that the Week before
your master dyed, that you went over the Ferry to see Robbin to get
some more Poison, and that he came over the Ferry in another Boat and
so you mist each other and that he Robbin pretended to the Ferry-man
that he was a Country negro and wanted to see you about your Child, or
Words to that Effect?
_Answr._ I never told them or either of them so.
_Quest._ How came that Viall buried near your Forge in the
Black-Smith's Shop, that you told Mr. Kettell of, and he found
there?
_Answr._ I buried it there.
_Quest._ When did you bury it there?
_Answr._ In the afternoon of that Day that master dyed.
_Quest._ Where did you get that Vial?
_Answr._ I took it from Phillis that same Afternoon.
_Quest._ Did any body see you take it from her?
_Answr._ No. When I took it from Phillis she own'd that Phoebe
had given the first Poison that I brought to master; and that she and
Phoebe had given him all the Rest saving what was then in the
Bottle. and thereupon I went to Phoebe and charged her with it, she
at first deny'd it, but at last own'd it it and begg'd me to say
nothing about it; I told her if I had known she wou'd have put it to
that use I would not have got it for her; then I call'd Pompey to go
down to the shop with me for I wanted to speak with him, intending to
shew him the Vial, and he came into the shop but before I had an
opportunity to speak to him Mr. Kettell took me.
_Quest._ Where was the Vial when you talked with Phoebe as
aforesd?
_Answr._ I had it in my Pocket, and told her so, then I went into
the shop and buried it, then I went into the House immediately to call
Pompey to shew it to him.
_Quest._ Why did you bury the Vial before you called Pompy? or shew it
to any body?
_Answr:_ I buried it because I did not want any body should see it
before I shewed it to him.
_Questn._ Have you lately had any Potters powder'd Lead by you or
in your Possession?
_Answr._ Only that I had from Essex Powars; which was as I suppose
ground to Powder.
_Quest._ When did you get that powder'd Lead of Essex?
_Ansr:_ I had it of him that Day I went there for six butter Pots,
which my master's son Isaac sent me for.
_Quest._ What did you get that Lead for?
_Answr._ To see if it would melt in our Fire. upon a Dispute
between Tom and I about it; Tom said it would melt, and I told him I
did not believe it would; I carried it home and laid it upon the Wall
Plate in the Blacksmith's shop, and I never moved it afterwards or
thought any Thing about it, 'till it was show'd to me by the Justice.
_Quet._ Do you know that any Part of that Lead you had of Essex or any
Lead like unto it was given to your master or put into his Victuals or
Drink?
_Answr._ I do not.
_Quest._ Do you know of any Proposal made of poisoning your master?
_Answ._ No, I do not, nor ever heard any such Thing proposed by any
Body.
_Quest._ Do you know of any Cushoe nuts being procured for that
Purpose?
_Answr._ No; I have not seen a Cushoe nut since I have been in this
Country.
_Quest._ Do you know of any Copperas or Green stuff being provided for
that Purpose?
_Answr._ No I do not.
_Quest._ What Time on the Saturday before your master dyed was it that
you heard Phoebe ask Phillis, if she had given him enough, and
Phillis said she had, and would stick as close to him as his Shirt to
his Back?
_Answr._ In the afternoon about Dark; and before I went to Boston.
_Quest._ How came you, after you had heard this Talk between Phoebe
and Phillis, to get her sd. Phoebe more Poison?
_Answr._ I did not know what she meant by their Talk, nor who they
meant, by him.
_Quest._ Did you tell Carr that Phoebe sent you for that Poison you
applyed to him for?
_Answr._ She did not tell me it was Poison, but told me to ask Carr
for that Thing he had promised her; he said he knew what it was and
would not send it, 'till he had talked to Quaco, and did not know that
he should send it afterwards; and I said no more to Carr about it.
_Quest._ Did you ever ask Carr at any other Time for Poison?
_Ansr._ No.
_Quest._ Did you never ask him for something to Poison or kill a Dog?
_Answr._ No, not that I know of.
_Quest._ Was you ever bit by a Dog?
_Answr._ No. I never was.
_Quest._ Do you know any Thing more of your master's being poisoned
than you have before related?
_Ansr._ No, I do not.
MARK.
[_Bill of Indictment._]
[Sidenote: MIDDLESEX ss.]
At His Majesties Superiour Court of Judicature Court of
Assize and General Goal Delivery held at Cambridge in and for the
County of Middlesex on the first Tuesday of August in the Twenty ninth
Year of the Reign of George the Second by the Grace of God of Great
Britain France & Ireland King Defender of the Faith &c.
The Jurors for the said Lord the King upon their Oath present That
Phillis a Negro woman of Charlestown in the County of Middlesex
Spinster Servant of John Codman late of Charlestown aforesaid
Gentleman not having the Fear of God before her Eyes but of her Malice
forethought contriving to deprive the said John Codman her said Master
of his Life and him feloniously and Traiterously to kill and murder,
She the said Phillis on the thirtieth Day of June last at Charlestown
aforesaid in the Dwelling house of the said John there did of her
Malice forethought willfully feloniously and Traiterously put a Deadly
Poison called Arsenick into a Vial of water and thereby did then and
there Poison the same Water----and that the said Phillis knowing the
Water aforesaid to be so poisoned did then and there feloniously
willfully traiterously and of her Malice forethought put one spoonfull
of the Same Water so poisoned into a Pint of the Said John's
Watergruel and thereby poison the Same Watergruel----And that the said
Phillis did then and there of her malice forethought feloniously
willfully and traiterously in manner as aforesaid poison the
Watergruel aforesaid, with a felonious and Traiterous Intent and
Design that the said John her said master then being should then and
there eat the Same Watergruel so poisoned and thereby be poisoned
killed & murdered----And that one Elizabeth Codman not knowing the
Watergruel aforesaid to be so poisoned then and there Innocently gave
the Same Watergruel so poisoned as aforesaid to the said John to eat--
And that the said John then and there being the said Phillis's Master
and being altogether ignorant of the Watergruel aforesaid's being
poisoned as as[2] aforesaid and Suspecting no Evil did then and there
eat the same Watergruel so poisoned as aforesaid----And that the said
Phillis then and there was feloniously and traiterously present with
the said Elizabeth & John knowing of and consenting unto the said
Elizabeth's giving him the said John the Watergruel aforesaid so
poisoned as aforesaid and his eating the same as aforesaid----And that
the said John by means of his eating the Watergruel aforesaid so
poisoned as aforesaid There Languished for the space of fifteen Hours
and then at Charlestown aforesaid Died of the Poison aforesaid given
him as aforesaid----And So the Jurors aforesaid upon their Oath say
that the said Phillis did at Charlestown aforesaid of her malice
forethought in manner and form aforesaid willfully feloniously and
traiterously poison kill & murder the said John Codman her said master
against the Peace of the said Lord the King his Crown & Dignity.
[Footnote 2: _Sic._]
And the Jurors aforesaid upon their Oath further present That Mark a
Negro man of Charlestown aforesaid Labourer and Servant of the said
John Codman. And Robbin a Negro man of Boston in the County of Suffolk
Labourer & Servant of John Clark of Boston aforesaid Apothecary before
the said Treason and murder aforesaid committed by the said Phillis in
manner & form aforesaid did at Charlestown aforesaid on the twentieth
Day of June last of their malice forethought (the said Mark then being
Servant of the said John Codman) feloniously & traiterously advise &
incite procure & abet the said Phillis to do and commit the said
Treason & Murder aforesaid against the Peace of the said Lord the King
his Crown and Dignity.
EDM TROWBRIDGE _Attr [Symbol: Per] Dom Rege._
This is a True Bill.
CALEB DANA _foreman_.
* * * * *
The case was tried, at the same term at which the parties were
indicted, before Stephen Sewall, chief justice, and Benjamin Lynde,
John Cushing, and Chambers Russell, associate justices,--all fairly
read in the law, and the Chief Justice eminent in his profession.
Samuel Winthrop and Nathaniel Hatch, jointly, were clerks of the
court.[3]
[Footnote 3: This is assumed to be the case, since both these clerks
officially signed papers in this very case, though, from the loose
custom which gradually obtained with the clerks of our highest
judicial court, of not recording their appointments, it is impossible
to verify this statement by the record. Samuel Tyley, Jr., and
Benjamin Rolfe were sworn in as joint clerks of this court, Feb. 26,
1718, and Samuel Winthrop was clerk as early as June, 1745, and
Nathaniel Hatch as early as September, 1752.]
Mark and Phillis were convicted, and sentence of death was pronounced
upon them in strict conformity to the common law of England. On the
6th of September, a warrant for their execution was issued, under the
seal of the court, commanding Richard Foster, Sheriff of Middlesex, to
perform the last office of the law, on the 18th of the same month; and
upon this warrant the sheriff made return upon the day of the
execution.
The subpoenas to the witnesses against the accused, the caption and
conclusion of the record of the case, and the warrant for the
execution of the condemned are as follows:--
PROVINCE OF THE } _George the Second by the Grace of God of Great
MASSACHUSETTS BAY, } Britain France & Ireland King Defender
ss. } of ye Faith &c._
To the Sheriff of our County of Middlesex his under
SEAL. Sheriff or Deputy or to any Constable of the Town of
Charlestown within Said County, Greeting--
We Command you That you Su[=m]on Wm. Brattle Esqr Docter Pinchin of
Boston Joseph Rand Junr. Hatter Bartholomew Powers Isaac Rand
Phisitian Wm. Kneland, Benjn. Codman Parnel Codman Elizh.
Codman Mary Codman Ann Codman Catherine Codman, Pompey Thomas Cuffee
and Scipeo negro servants that were Jno. Codman Decd. James Kittle
Wm. Foster Phisitian Essex Servant to thomas powers Servt. of
Dr. Rand Dinah Servt. of Richd. Foster Esqr Ruth Adams
To appear Before our Justices of our Superiour Court of Judicature
Court of Assize and General Goal Delivery now held at Cambridge within
& for said County tomorrow at Eight of ye Clock before noon to give
Such Evidence in our Behalf (as you know) against Mark a Negro man &
Phillis a Negro woman both of Charlestown aforesaid--
Hereof fail not and so soon as may be make return of this Writ with
your Doings Therein into the same Court Witness Stephen Sewall Esq. at
Boston the sixth Day of August in the twenty ninth year of our Reign
Annoq. Domini 1755
SAML WINTHROP _Cler_
[_Endorsed Return._]
MIDDLESEX ss. August 7, 1755
We have somoned the persons within named to appear & Give Evidence at
the time & place within mentioned.
JAMES KETTELL, _Dept Sheriff_,
& JOHN MILLER
_Constabel_.
PROVINCE OF THE } _George the Second by the Grace of God of
MASSACHUSETTS BAY ss } Great Britain France & Ireland King
Defender of the Faith &c._
To the Sheriff of our County of Suffolk his under Sheriff
SEAL. or Deputy or to any Constable of the Town of Boston in
sd. County Greeting